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Administrative Justice & Fairness

This document summarizes an article about administrative justice. It discusses how the principles of natural justice, such as audi alteram partem (allowing both sides to be heard), became incorporated into administrative law to ensure a fair process. It notes important cases that established these rights, such as requiring universities to provide hearings before firing employees. The document also contrasts "realist" and "natural" schools of thought on how laws should be interpreted and enforced. It concludes that administrative law is informed by the philosophy of the natural school, which says laws should be read as requiring fair justice for all people.

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Arpit Goyal
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38 views2 pages

Administrative Justice & Fairness

This document summarizes an article about administrative justice. It discusses how the principles of natural justice, such as audi alteram partem (allowing both sides to be heard), became incorporated into administrative law to ensure a fair process. It notes important cases that established these rights, such as requiring universities to provide hearings before firing employees. The document also contrasts "realist" and "natural" schools of thought on how laws should be interpreted and enforced. It concludes that administrative law is informed by the philosophy of the natural school, which says laws should be read as requiring fair justice for all people.

Uploaded by

Arpit Goyal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUMMARY ON “THE PROBLEMS OF ADMINISTRATIVE JUSTICE”

The article talks about holding power without forgetting justice. Like we have heard with
power comes responsibilities and same in this case once holding of power should not affect
other. England have worked on the doctrines of parliamentary sovereignty and ministerial
responsibility so there is no trace of administrative law there. The parliament there while
giving power assumes that those powers will be used judicially by the one holding the power.
The ‘powers should be fairly exercised’ this phrase gives birth to the doctrine of
administrative law. The principle of natural justice came out of the administrative law.
Audi alteram partem which means ‘let the both side be heard’ is the basic principle of
justice , denial of which violates the principle of natural justice as well. To establish the
concept of administrative law two concepts came into light 1. Audi alteram partem 2. Nemo
judex in causa sua. These principles are components of principle of natural justice. There has
been a number of cases which shows that principle of natural justice is the part of
administrative function for e.g. in Education board v. rice the court held that it is the duty of
the court to make sure that the principle of audi alteram partem is applied and both the sides
are heard.
In various nation judicial bodies were established to give justice but there are also some quasi
judicial bodies like universities which can also carry out judicial function granted by the
statute of university. The principle of natural justice must be followed there as well. In
Vidyadaya university of Ceylon v. Silva it was established that the relation between a teacher
and university is of a master servant relationship so the university can fire him at its pleasure
but in Ridge v. baldwin it was submitted that silva was the employee of the university who
got some powers as well from the statute of the university so he can’t be fired as a servant but
can be by a proper process followi ng principle of natural justice which also includes his right
to be heard.
In India the prominent case which tells that fair justice should be delivered is A.K Kraipak v.
union of India. Judiciary in india is seen as a guardian of Indian constitution which serves as
custodian of all the fundamental rights granted to the citizens of India. Laws are made by
people and for the people . there is a possibility that a law can be exercised arbitrarily by the
person exercising it. Realist school of thought says that laws are the command of sovereign
that means the laws should be read as the way it is and the natural school of thought says that
laws shoud be read as it ought to be. The spirit of laws should be fair justice to its people.
Administrative laws spirit ows its birth from the philosophies of natural school of thought.
The statutes should be read in accordance with the spirit of natural law school’s philosophy
that is the main essence of administrative law.
Submitted to - Ms Neha Tripathi (Asst professor of law)
By – Devesh Tripathi
Roll no 09
Batch 2017-22

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